In trademark law, a mark that is deceptively misdescriptive is not registerable. But what if the mark (falsely?) imputes bad qualities to the goods? Eugene Volokh argues we need a Trojan Doctrine to cope with that one.
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
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Recent Bluessky Posts- Yes he was much worse in other famous cases. August 25, 2026 Michael Froomkin
- Yes indeed Miami is a lizard wonderland. (And this story has a guide with photos.) Could it explain out politics? www.miamiherald.com/news/local/e... August 25, 2026 Michael Froomkin
- Actually Cardozo very frequently misstated precedent to make it look like what he was doing was less avulsive. That's why Posner loved him... August 25, 2026 Michael Froomkin
- Common law has scope for judicial invention. So too equity, even federal, although like cases (however defined) demand like treatment. And I believe elected state court judges have some extra legitimacy for creativity more generally. None of which justifies what the Six are doing. August 25, 2026 Michael Froomkin
- Amidst all the darkness, a small piece of good news courtesy of Judge Vargas of the SDNY. www.nytimes.com/2026/08/21/u... August 24, 2026 Michael Froomkin
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